'Mistakes occur' | London Underground defeats part-time worker discrimination appeal

A part-time worker’s claim against the London Underground has failed at an Employment Appeal Tribunal (EAT), after the judge found that his cancelled overtime request was not due to his part-time status.

Mr J Mireku, a Customer Service Supervisor who worked part-time under a job share agreement, alleged he had been treated less favourably than full-time colleagues in breach of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

He claimed that the refusal and later cancellation of his overtime request in October 2022, along with other alleged restrictions on his working pattern, amounted to unlawful treatment based on his part-time status. But the EAT ruled that the original Employment Tribunal had not erred in dismissing his complaint.

Background: Overtime request cancelled during 'off' week

Mr Mireku entered a job share arrangement in early 2022, working alternating two-week periods with a colleague. Although initially permitted to request overtime, issues arose when he sought to work during his 'off' weeks. His request for overtime duties between 22–28 October 2022 was agreed in principle but subsequently cancelled.